Johnson v. Robinson

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Plaintiff is denied educational benefits under the Veteran's Readjustments Benefits Act of 1966. He is denied because conscientious objector and therefore is not considered a veteran who has served served active duty. He says that this violates his first and fifth amendment rights.


The government claims that section 221(a) bards federal courts from deciding the constitutionality of veterans' benefits. The court says that this interpretation would raise serious constitutional challenges about section 211(a).

The prohibition on review is just for administration by the VA under statutes providing benefits for veterans. The constitutional challenges are not challenging any decision by the administrator by rather a decision by Congress.

According to legislative history, 211(a) was to decrease the litigation burden on courts and the VA and to make sure courts were not involved in day to day determinations. Allowing constitutional challenges would not frustrate either of these purposes.